Linden Gravel Mining Co. v. Sheplar
California Supreme Court Jul 1, 1878 No. No. 6225Published
Synopsis
Service of Summons.—Sec. 406 of the Code of Civil Procedure, requiring the summons to he served within one year after filing the complaint, is mandatory.
Special Appearance.—An appearance for the purpose only of making a motion to dismiss, is not a general appearance.
By the Court : 1. The Court properly dismissed the action, inasmuch as the summons was not issued within one year after the complaint was filed. (Code of Civil Procedure, sec. 406.)
2. The appearance of defendant for the motion only to dismiss was not a general appearance which waived his right to make the motion.
Judgment affirmed. Remittitur forthwith.
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